Case Summary
The plaintiff, M/s Pan Marketting, filed a suit against defendants Sri. Jobin Mathew and Bijimon K.J. for the recovery of a debt for construction materials supplied. The defendants denied liability, claiming the materials were of poor quality and that they were not responsible for the payment.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for realization of money was dismissed as the plaintiff failed to prove that it was a registered firm entitled to enforce the claim. The defendants were not held liable to pay any amount to the plaintiff.
Key Reasoning:
The court found that the plaintiff did not comply with the registration requirements under Section 69(2) of the Indian Partnership Act, which rendered the suit not maintainable.
The court found that the plaintiff did not comply with the registration requirements under Section 69(2) of the Indian Partnership Act, which rendered the suit not maintainable.
Why Defendant Won:
The court found that the plaintiff did not comply with the registration requirements under Section 69(2) of the Indian Partnership Act, which rendered the suit not maintainable.
The court found that the plaintiff did not comply with the registration requirements under Section 69(2) of the Indian Partnership Act, which rendered the suit not maintainable.
Supporting Evidence
The learned counsel for second defendant produced a decision by the Hon’ble High Court that specifies that the requirements for registration must be satisfied for a suit to be maintainable.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Pan Marketting
- Party Role
- Plaintiff
- Party Name
- Mr. Joy Paul
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Jobin Mathew @ George
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bijimon K.J.
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Invoice No. GS 11839, Supply form DOC No. SF-5846, Cheque No. 294127, Cheque return memo, Legal Notice, Registered cover with Acknowledgment card, Copy of partnership deed.
Defendants Documents
Agreement between Bijimon K.J. and Robin P. Mathew, Summary of Account, Statement of Transaction in saving Account.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Joseph Vettikkad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jyothish Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sony Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D. Biju
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Recovery of Rs.71,300 from the defendants.
Evidence:
The suit is dismissed.
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Shows the purchase of construction materials by the first defendant.
Reference:
Ext.A1
Document Type:
Delivery Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of delivery of tiles accepted by the second defendant.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued for payment that was later dishonoured.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document evidencing the dishonour of the cheque.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding payment.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the legal notice to the second defendant.
Reference:
Ext.A6
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the plaintiff's registration as a partnership firm.
Reference:
Ext.A7
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Agreement related to the construction works undertaken by the second defendant.
Reference:
Ext.B1
Document Type:
Summary of account
Submitted By:
Defendant
Relevance:
Account summary evidencing transactions related to the construction work.
Reference:
Ext.B2
Document Type:
Statement of transaction
Submitted By:
Defendant
Relevance:
Transaction statement related to financial dealings of the second defendant.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour